Date of Filing:29.01.2010<br /> Date of Order: 19.07.2010<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20<br /> <br /> Dated: 19th DAY OF JULY 2010<br /> PRESENT<br /> <br /> <br /> <br /> Sri. S.S. NAGARALE, B.A, LL.B. (SPL.), President.<br /> Smt. D. LEELAVATHI, M.A.LL.B, Member.<br /> Sri. BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member.<br /> <br /> COMPLAINT NO: 195 OF 2010 <br /> <br /> <br /> Sri B.R. Ravi Shankar,<br /> M/F 10/8, Nandini Layout,<br /> Bangalore-96. Complainant<br /> <br /> V/S<br /> <br /> M/s. Anu Solar Power Pvt., Ltd., <br /> No.248, 3rd Cross,<br /> 8th Main, 3rd Phase, Peenya Indl. Area,<br /> Bangalore-58.<br /> Rep. by its Manager Opposite party<br /> <br /> ORDER<br /> By the President Sri. S.S. Nagarale<br /> <br /> This is a complaint filed under Section 12 of the Consumer Protection Act, 1986.<br /> The brief facts of the case are as under, the complainant had placed purchase order with the opposite party for supply of one Anu Gallant Inverter 1400 VA 24 V and 2 numbers of Exide Tubular batteries for his domestic use in his use. In pursuance of the said purchase order, the opposite party supplied the inverter on 1-8-2009. The complainant was surprised to note that the opposite party had supplied Single Crystalline Solar Panels that too in damaged condition and batteries were of some other make. Immediately, the complainant contacted Mr.Srimant, the Marketing Executive of the opposite party and he promised to supply Exide Tubular Batteries in a week’s time and asked the complainant in the meanwhile to get installed the inverter and batteries supplied by the opposite party. On the said assurance of the marketing executive, the complainant got installed the inverter and batteries and sought to exchange the Solar Panels from single crystalline to multi crystalline and the batteries with that of Exide company. The inverter is of O type where in inverter is not functioning the out put of electricity even KEB is effected. The complainant wrote a letter on 20-8-2009 and requested the opposite party either to supply 2 numbers of Exide Tubular Batteries along with Operating Manual and Guarantee card and confirm in writing that the supplied solar panels are Multi Crystalline immediately or take back the inverter and refund the full amount. In spite of the letter, there was no response from the opposite party. The complainant wrote another reminder letter on 20-10-2009 and once again requested the opposite party to supply 2 numbers of Exide Tubular Batteries in exchange and also to confirm that the solar panels supplied are multi crystalline, failing which called upon the opposite party to take back the equipment and to refund the full amount. There was no response for the reminder letter also from the opposite party. In the meanwhile the inverter and batteries installed by the opposite party was not working properly. The complainant informed the same to the opposite party. The opposite party deputed its service engineer Mr.Madhu, who had visited the complainant’s house and on inspecting the unit found that the inverter is working fine, but it was not charging from solar panel. But he failed to rectify the defect and to make it in good running condition. Once again the complainant complained regarding the nonworking of the inverter to the opposite party. The opposite party deputed Mr.Dada Peer, a service engineer, who visited the complainant’s house and on verification, he reported that inverter was not working and had to be replaced. The said service engineer informed the complainant that they are going to replace the same with in three or four days but they took almost 15 days to replace the inverter that too after repeated requests and demands. After replacement of the inverter once again on 18-11-2009, the inverter got burnt and there is no power to the complainant’s house and the complainant has informed the same to the opposite party on the morning of 19-11-2009 and requested the opposite party to send the service engineer immediately since the complainant and his family members are staying totally in dark and his son who is studying in BBM has exam from 19-11-2009. The opposite party registered a complaint vide no.26926 and assured to send the service engineer on the same day, but none turned up. Again on 20-11-2009 morning the complainant spoke to the opposite party and they promised to send some service personnel but again nobody turned up even at 2.30 p.m. Again when the complainant enquired with the opposite party they said that they are sending some person on the next day. The complainant is fed up with your careless attitude of the opposite party in not redressing to the grievance of the consumer and not even bothered to respond properly. Hence the complainant wrote a second reminder letter on 20-11-2009 and called upon the opposite party to take back your entire system immediately and to refund the cost of the said system. There is no response from the opposite party for this reminder letter also. The complainant had placed order for supply of solar inverter system with specific requirements. The opposite party had supplied the substandard quality material other than the required specification of the complainant and that too a defective system, which is not at all functioning properly. Further the replaced inverter got burnt and the opposite party has failed to attend to the repairs and set right the defect. Thus, the opposite party has supplied defective solar system to the complainant, for the value received and failed to attend to the repairs had rectify the defect, even though the warranty period is still subsisting. There is gross negligence and deficiency of service on the part of the opposite party in supplying defective inverter system. As a result of the said deficiency of service, the complainant and his family members are put to mental shock, mental agony, irreparable loss, hardship and inconvenience. On 19-11-2009, one of the service engineers visited and noted that inverter is damaged and it should be replaced, promised inverter replaced immediately till today inverter is not replaced and also use of KEB supply is also affected. Hence, the complaint directing the opposite party to refund amount of Rs.58,240 /- with interest and compensation for mental agony. <br /> 2. The opposite party has filed defense version stating that, the opposite party supplied inverter as per the purchase order and installed at the address given by the complainant. Marketing executive agreed to replace the batteries is false. The opposite party replaced Solar panels which were operational. The purchase order does not show batteries ordered are from Exide Company. Whenever the complaint received by the complainant the same has been attended immediately and rectify. Hence, there is no deficiency of service on the part of the opposite party. Therefore, the op has prayed to dismiss the complaint. <br /> <br /> 3. The complainant has filed his affidavit evidence and documents. On behalf of the opposite party also filed affidavit evidence. Heard, the arguments on both the sides. <br /> 4. In the light of the arguments advanced by the learned Advocates for the respective parties, the following points arise for consideration:-<br /> <br /> 1. Whether the complainant has proved deficiency of service on the part of the opposite party?<br /> 2. Whether the complainant is entitled for refund of Rs.58,240/- from the opposite party?<br /> <br /> REASONS<br /> 5. It is an admitted fact that the complainant has purchased Anu Solar Gallent Inverter 1400 VA 24V and 2 Nos. of Exide Tubular batteries for domestic use and at the time of purchase he had made clear that he was interested to buy only multi crystalline solar panels and Tubular batteries manufactured by the Exide Company. The complainant has produced purchase order and Tax Invoice. From these documents it is clear that he has paid that Rs.58,240/- to the opposite party. As per certificate of warranty PV Module(s) warranty valid up to 15 years from the date of supply. In respect of battery the warranty was valid up to 1 year. In the details of batter column name of manufacturer appears as Exide written by the Manufacturer / supplier, which has been signed on 1-8-2009. In certificate of warranty there is no visible and clear writing of name of the manufacturer of battery. So under these circumstances the case of the complainant that he has agreed to purchase the system only if the Tubular batteries manufactured by M/s. Exide co., only are fitted shall have to be accepted as true and correct. So under these circumstances there is merit in the complainant’s contention. The complainant is right in asking opposite party to supply batteries of Exide Company only. The complainant has produced service call sheet dated 24-10-2009 and in that sheet he has requested to replace the system on the ground that solar charger is not working and another service call sheet also show that inverter mass plates replaced. It is very unfortunate that the system was not working within 2-3 months of the installation. The system found to be defective and the service personnel visited house of complainant and tried to rectify the defects. The complainant had written a letter to the opposite party on 20-8-2000, within 20 days from the date of purchase and in that letter he has requested to supply 2 numbers of Exide Tubular batteries along with operating manual and guarantee card and confirm in writing that the Solar panels are Multi crystalline ones or to take back the inverter and refund the full amount. Again on 20-10-2009, the complainant written a letter to the opposite party company to supply 2 numbers of Exide tubular batteries and confirm about the multi crystalline or else take back the equipment supplied and refund full amount. Again on 20-11-2009 the complainant had sent a reminder-2 to the opposite party and submitted that he is fed up with the careless attitude of the opposite party by not bothering to reply to the customer and not responding properly and therefore, the complainant informed that he is not interested to be the customer of the opposite party and asked the opposite party to take back the system immediately with full refund. So by the documents and correspondence made by the complainant it is very clear that he has suffered mental agony, harassment and lot of inconvenience due to defective system. The opposite party has not produced any documents to show that it has promptly responded to the complaints of the customer. The opposite party has not even shown courtesy to give replies to the letters of the complainant. This kind of attitude is not proper. The opposite party being manufacturer of Anu Solar system should see that customers are satisfied and no complaints are received from the customers. This is an age of competition the company should work to the satisfaction of the customers. The defective goods shall not be marketed and released to be market. Before releasing the product it should be thoroughly checked by the expert technicians and then only the system should be fixed at the residence of the customers. The complainant is not happy with the product and the irresponsible attitude of the opposite party. The complainant is fed up with the system and he don’t want to continue his relation ship as a customer of the opposite party. Therefore, he is right in asking refund of full amount. Taking into consideration of the all the facts and circumstances and documents it is a fit case to order the op to refund Rs.58,240/- to the complainant and take back the system. The complainant being a consumer under Consumer Protection Act his interest requires to be protected by passing order in his favour. In the result, I proceed to pass the following:-<br /> ORDER<br /> <br /> 6. The complaint is allowed. The opposite party is directed to refund Rs.58,240/- to the complainant within 60 days from the date of this order. In the event of non compliance of the order within the 60 days the said amount carries interest @ 6% p.a. from the date of passing this order till payment / realization. <br /> 7. Send the copy of this Order to both the parties free of costs immediately. <br /> 8. Pronounced in the Open Forum on this 19th DAY OF JULY 2010. <br /> Order accordingly,<br /> <br /> PRESIDENT<br /> We concur the above findings <br /> <br /> MEMBER MEMBER <br /> <br />